Criminal Justice News

Wednesday, February 27, 2013

Nine Current or Former Roxbury Correctional Officers Charged in Connection with Two Assaults on an Inmate

Two separate indictments charging a total of nine current or former
officers at Roxbury Correctional Institution (RCI) were unsealed today,
in relation to two assaults of an inmate, and subsequent obstruction of
justice, announced Thomas E. Perez, Assistant Attorney General for the
Civil Rights Division.

In the first indictment, four current or former RCI officers face
federal charges in connection with an assault on K.D., an inmate, during
the 11 p.m. to 7 a.m. (midnight) shift on March 8-9, 2008.
Former RCI Correctional Officers James Kalbflesh and Jeremy
McCusker face civil rights and conspiracy charges for their roles in the
midnight shift assault on K.D.

In addition, Kalbflesh, McCusker, RCI Correctional Officer Walter Steele
and RCI Lieutenant Jason Weicht face conspiracy charges for their
efforts to cover up information related to the midnight shift assault on
K.D.
RCI Lieutenant Weicht also faces an obstruction of justice
charge for encouraging officers to get together to get their stories
straight, providing home telephone numbers for the involved officers so
that they could arrange for a cover-up meeting, and giving an officer
books on interrogation techniques so that he would be prepared to
mislead investigators.
Finally, RCI Officer Steele faces two more counts for providing
false and misleading information to state and federal authorities.

McCusker faces a maximum sentence of 50 years in prison.
Kalbflesh and Weicht face a maximum of 25 years in prison.
Steele faces a maximum term of 30 years in prison.

In the second indictment, five current or former RCI officers are charged.
RCI Lieutenant Edwin Stigile and former Correctional Officers
Tyson Hinckle, Reginald Martin, and Michael Morgan were charged with
conspiring to have officers assault K.D. during the 7 a.m. to 3 p.m.
(daylight) shift on March 9, 2008.
RCI Sergeant Josh Hummer and former Correctional Officers
Hinckle, Martin, and Morgan also were charged with a civil rights
violation for the daylight assault on K.D.
The indictment alleges that RCI officers kicked and punched
inmate K.D. inside his cell in order to punish K.D. for a prior incident
involving another officer.
K.D. had to be transported to a local hospital following this beating.

All of the defendants in the second indictment are charged with conspiring to obstruct the investigation into assault.
In addition, the indictment alleges that Lieutenant Stigile
obstructed justice when he used a magnetic device to destroy and alter
surveillance tapes related to the assault on inmate K.D.
Sergeant Hummer also faces two obstruction of justice counts
for making false and misleading statements to state and administrative
authorities.

Lieutenant Stigile faces a maximum sentence of 35 years in prison.
Sergeant Hummer faces a maximum of 55 years in prison.
Hinckle, Morgan, and Martin each face a maximum term of imprisonment of 25 years.

These cases, which are ongoing, are being investigated by the Frederick
Resident Agency of the FBI, and are being prosecuted by Special
Litigation Counsel Forrest Christian and Trial Attorney Sanjay Patel of
the Justice Department’s Civil Rights Division, with the assistance of
the U.S. Attorney’s Office for the District of Maryland.

An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.